Pedestrian Accident Lawyers
We’ve recently written about the dangers that pedestrians face, especially in the winter months when visibility is poor due to weather conditions and lessened daylight. You may have noticed in paper or online ads that ICBC has started a campaign on pedestrian awareness. Our last post focused on this general awareness of pedestrians as a driver and vice versa. This post will go into a little more detail about what happens after a pedestrian accident.
There are misconceptions in the general public that if you hit a pedestrian as a driver, the driver will always be at fault. The truth is that the law in this area can be confusing and that it may not always be such a clear-cut answer. According to the Motor Vehicle Act, a pedestrian must yield to a driver if they are not crossing at a crosswalk. In a recent decision, the court found a jaywalking pedestrian 75% at fault.
However, this is not the end of the story! Drivers still have an obligation to pay due care and attention to their surroundings, and give fair warning (such as a honk of the horn) to pedestrians they may be approaching. Additionally, they are required to pay special attention to children or confused persons who may be on the road. Finally, a driver must yield to a pedestrian at a crosswalk, unless they are so close to the vehicle it is “impractical that [the driver] yield the right of way.”
Even if as a pedestrian you are found to be partially at fault, as in the above jaywalking scenario, you may still be entitled to compensation. Your award would be be proportionally reduced by the amount you were at fault (I.e., a $100,000 award would become $75,000 if you were found 25% liable). Our lawyers will ensure you are not unfairly penalized by ICBC.
Pedestrians who have been hit by a motor vehicle are often eligible for accident benefits from ICBC and can also make a personal injury claim against the driver and their insurance policy. If you or anyone you know have been injured in a pedestrian accident with a vehicle, it is important to speak with an experienced personal injury lawyer to determine your legal rights.
John Mickelson Law Corporation can help you acquire financial assistance and medical treatment. Our pedestrian accident lawyers have the experience needed to help you get properly compensated for your personal injury claim. Call us at (604) 684-0040 for a free consultation in our Vancouver, Surrey or Abbotsford offices.Go back to Blog